Law: Penal Code (XLV of 1860)

Section: 498

  Penal Code (XLV of 1860), S. 498-"Taking away " Meaning-Woman going in company of accused, does not by itself establish "taking away "- Finding on this point essential for conviction-Physical or moral influence to induce woman to leave husband must be proved.   Mahadeo Rama v. Emperor A I R 1943 Dom. 179 rel.   Witness - Material prosecution witness not examined Inference adverse to prosecution. JUDGMENT   In this case a Rule was issued on the Deputy Commissioner, Barisal, to show cause why the conviction of the petitioners under section 498 of the Pakistan Penal Code and the sentence passed there under should not be set aside.   The case for the prosecution is that one Rabiya, wife of P. W. 1, Abdul Latif Khan,was taken away by the petitioners knowing or having reason to believe her to be the legally married wife of the said Abdul Latif Khan with intent that she might have illicit intercourse with them. It is also the prosecution case that the petitioners concealed her in the house of one Abdul Majid at first and then in the house of one Abdus Sattar from where she was recovered afterwards.   The defence case is that the petitioners are innocent and that they did not enticeRabiya from her husband and that they have been falsely implicated out of previous enmity.   The prosecution examined 6 witnesses of which the evidence of P. W. 5-A. Razzaque Bhuiya has been expunged as he was not tendered for cross-examination. The defence examined none.   Mr. Meser Ali, learned counsel for the petitioner, has submitted that ingredients ofthe offence under section 498 of the Pakistan Penal Code have not been established by the prosecution and there is absolutely no evidence to warrant a conviction of the petitioners for the offence with which they have been charged.   Mr. Meser Ali challenged the finding of intention arrived at by the learned Judge onthe ground that there is no evidence to justify that finding. The said finding of intention is in the following terms:   "It has also been shown that they detained her for several days with the intent that she might have illicit intercourse with them.…